ABOUT SOME PROBLEM ASPECTS OF LEGAL CATEGORY OF PARTIAL INSANITY

Abstract

The article studies some problem issues rising with formation of criminal category of partial insanity in home legislation. Legislative attaching of this legal category at article 22 of Russian criminal code had passed along path of discussions and heated arguments that still in place. The study makes a primary accent at legal assessment of mental anomaly criminal personality and his responsibility realization mechanism in law enforcement activities. It is noted that when the identical crime is committed the extent of guilt and responsibility of such subjects could be different depending on intention matter, mental integrity and various external conditions. Personality of such criminal could be more dangerous than personality of healthy one because he has to control his behavior mechanisms more thoroughly. The article gives empirical data from different sources and reputable scientists’ opinions to prove author position. The article makes a conclusion that final mental anomaly criminal personality assessment differs from legislative position of Western European countries. Non-coordinations and gaps of such kind of criminal cases sentence realization that need further serious examination and adjustments remains in domestic legislation.